There is a lot of great information coming out about Issue 1 from an army of hardworking and dedicated grassroots volunteers, churches, pastors, and organizations. Every day, more and more Ohioans are becoming acutely aware of the assault their state is under with the forthcoming November 7 Issue 1 ballot initiative. Amidst the flood of information being presented, it is easy to become overwhelmed, akin to attempting to satisfy your thirst by drinking from a fire hose.
In this publication, I’ll attempt to provide the background on Issue 1 and organize some of the resources that have been presented, with the hope that it will be easier for individuals to find the information they are seeking.
Where do we start with Issue 1?
"As Julie Andrews sang in 'The Sound of Music,' 'Let's start at the very beginning, a very good place to start.'"
The Overturning of Roe V. Wade
After the Dobbs v. Jackson Supreme Court decision on June 24, 2022, the U.S. Supreme made a landmark decision that effectively overturned Roe v. Wade, stating that the long-standing constitutional right to abortion was no longer in place. As a result, pro-life trigger laws went into effect in 13 states across the country.
What is Dobbs v. Jackson?
In March 2018, Mississippi passed a law called the Gestational Age Act (HB 1510) that stated you couldn't have an abortion after 15 weeks of pregnancy. There were exceptions if the pregnancy endangered your life or if the fetus had a severe problem, but not if it resulted from rape or incest. The governor, Phil Bryant, signed this law on March 19, 2018.
The Jackson Women's Health Organization, an abortion clinic, quickly went to court to challenge this law. In November 2018, a federal court in Mississippi said the clinic was right, and the law couldn't stand. Then, in December 2019, a higher court, the Fifth Circuit, also agreed with the lower court's decision.
But Mississippi didn't give up. They appealed to the Supreme Court in October 2021, and the judges listened to arguments about this case in December in a case called Dobbs v. Jackson Women's Health Organization.
In a divided opinion, the Court upheld the Mississippi law and overturned Roe v. Wade (1973), concluding that the Constitution does not protect the right to an abortion. Now, the rules about abortion are up to each state to decide. Currently, there are 26 states that have laws that ban or restrict abortion.
What Are Trigger Laws?
In preparation for the day when the Supreme Court might overturn Roe v. Wade, 13 state legislatures passed laws that would become effective shortly after the court overturned the law. Following the overturning of Roe in June 2022, several trigger laws went into effect, providing us with a better picture of where each state stands on abortion.
Currently, 51% of states have legalized abortion, 31% of states have banned all or most abortions, 12% have banned abortions after 12 or 15 weeks, and 6% have bans that have been blocked by courts (Ohio is in this last category).
See table of where each state stands on abortion.
Where does Ohio stand on abortion?
Hours after the overturning of Roe v. Wade, Ohio’s ‘Heartbeat’ Law, which bans abortions after six weeks went into effect.
Ohio's 'Heartbeat' law now in effect after federal court lifts injunction
However, the law has been temporarily placed on hold since September 2022 because of Christian Jenkins, a Hamilton County Judge, who issued a 14-day restraining order to block the state’s enforcement of the Heartbeat Law. Planned Parenthood, the ACLU, and other abortion advocates filed a lawsuit in the Hamilton County Court of Common Pleas. They had previously initiated a case this year in the Ohio Supreme Court, but they moved to have it dismissed. As a result of this court order, the timeframe for legal abortions in Ohio has temporarily been extended to 20 weeks of pregnancy.
BREAKING: Hamilton County judge blocks heartbeat law for two weeks
The Californication of Ohio
Regardless of which side of the aisle you were on regarding the failed August ballot initiative to increase Ohio's Constitution amendment voter threshold from 50% + 1 to 60%, its failure carries significant consequences. Its failure will make it considerably easier for the Ohioans for Reproductive Freedom coalition to pass the Reproductive Rights Act in November.
Who are the members of the Ohioans for Reproductive Freedom?
ACLU of Ohio
Abortion Fund of Ohio
New Voices for Reproductive Justice
Ohio Women’s Alliance
Planned Parenthood Advocates of Ohio
Pre-term Cleveland
Pro-Choice Ohio
URGE
Among their endorsements is the Ohio Communist Party.
Do you believe parents should have control over their minor children's reproductive health? URGE disagrees.
Much like California's Constitution, which has been a frequent target of special interest groups, amended over 500 times since the 1870s, Ohio is now attracting the attention of such groups. They seek changes ranging from unrestricted access to abortion throughout all nine months of pregnancy to the legalization of marijuana. These are the issues Ohioans will need to decide on in November.
In a post-Roe v. Wade landscape, pro-abortion groups recognized the necessity to adjust their messaging. Recently, the National Abortion Rights Action League (NARAL) even changed its name to "Reproductive Freedom for All."
Abortion-Rights Group Rebrands to Reproductive Freedom for All in Post-Roe World
If this sounds familiar, it’s because it bears resemblance to the proposed Amendment on this November’s ballot. Ohio Issue 1, known as the “Right to Make Reproductive Decisions Including Abortion Initiative,” is a constitutional amendment scheduled for the November 7 vote in Ohio.
See the FULL TEXT of the Proposed Amendment at www.seethelanguage.com
A "yes" vote supports amending the Ohio Constitution to:
establish a state constitutional right to "make and carry out one’s own reproductive decisions," including decisions about abortion, contraception, fertility treatment, miscarriage care, and continuing pregnancy, and
allow the state to restrict abortion after fetal viability, except when “necessary to protect the pregnant patient’s life or health.”
A "no" vote opposes amending the Ohio Constitution to establish the constitutional right to "make and carry out one’s own reproductive decisions."
Ohio Issue 1, Right to Make Reproductive Decisions Including Abortion Initiative (2023)
Were there any challenges to the proposed language?
Yes.
The Ohio Supreme Court made changes to the wording of Issue 1 following a lawsuit filed by pro-Issue 1 advocates, but the court didn’t make all the changes the proponents wanted.
Here are the key points:
1. The court decided to replace "the citizens of the State of Ohio" with "the state of Ohio" to avoid potential confusion.
2. They did not change "unborn child" to "fetus" as requested. "Fetus" is used once in the amendment, while "unborn child" appears four times.
3. The court did not require mentioning access to contraception, fertility treatment, and miscarriage care, even though the pro-Issue 1 side wanted it included.
Proponents of Issue 1 argue that the new wording is still misleading, while those against it are happy with the decision. They believe the revised language accurately reflects the impact of Issue 1. Protect Women Ohio, opposing Issue 1, expressed their approval in a statement, saying, "We applaud the Ohio Supreme Court for allowing ballot language that accurately reflects the impact of Issue 1 to move forward. With this language, voters will understand that the amendment's many intentional gray areas will legalize painful, late-term abortion on demand up until birth and strip parents of their rights."
Ohio Supreme Court orders slight change in wording on reproductive rights ballot issue
Were any lawsuits filed with the Ohio Supreme Court seeking the removal of the reproductive rights amendment from the November ballot?
Yes.
A lawsuit was filed seeking to prevent the proposed reproductive rights amendment from appearing on the November ballot. The lawsuit was filed by attorney Curt Hartman, who argued that the amendment should be blocked because it didn’t specify which state laws it would change. These laws include a six-week abortion ban, restrictions on abortion after a Down syndrome diagnosis, and parental consent requirements for minors seeking abortions. The amendment was certified for the ballot after meeting signature requirements, but opponents claim it should not proceed.
Lawsuit asks Ohio Supreme Court to toss reproductive rights amendment off November ballot
The Republican-controlled Ohio Supreme Court rejected the lawsuit. The court unanimously ruled that such petitions for constitutional amendments didn’t need to include existing statute text. This decision paved the way for the amendment to be presented to voters in November.
Ohio Supreme Court rejects lawsuit to keep abortion rights amendment off November ballot
The court will also hear arguments regarding the "heartbeat law" on September 27, just before early voting begins for the November 7 election.
Ohio Supreme court to hear arguments in challenge to heartbeat law next month
Why is it critical that Ohio Voters understand the language of the Amendment?
The Ohio Reproductive Freedom coalition is trying to change the state's constitution. They want to create a new right called the "right to reproductive decisions."
The problem is that the amendment they proposed doesn't explain what these new terms really mean. This is causing a lot of questions for Ohio voters.
It's crucial that all Ohio voters can understand what this amendment means. The Ohio Constitution is like the boss of all the laws in the state. Even the Ohio General Assembly can't make laws that go against the Constitution. So, every word in this amendment matters. If voters approve it, it will be the law for everyone in Ohio.
Numerous organizations and attorneys have undertaken an analysis of the amendment since its language was finalized. Their research is helping Ohio voters understand the legal effects of the Amendment language. These analyses vary in scope, ranging from the identification of key points to the comprehensive examination of each individual phrase.
Documents explaining the Amendment:
American Policy Roundtable Analysis
Removes parental involvement in minor’s reproductive decisions.
Allows painful, life-altering surgeries for minors without parental consent.
Eliminates age and safety regulations at abortion clinics.
Allows for unlimited abortion access through all 9 months.
Omits the word ‘woman,’ creating a loophole that includes transgender surgeries.
American Policy Roundtable Accompanying Video Explaining the Amendment:
Explores the nuances and potential impacts.
Emphasizes the significance of each word.
Examines impact on reproductive decisions and consequences for existing laws.
Here is another version of the amendment analysis: NO on Issue #1 November 7th 2023 Analysis
Proposed Amendment states: Abortion 'May Be Prohibited After Fetal Viability,' Not 'Shall Be Prohibited'
See the language concerning Viability
Abortion "may be prohibited after fetal viability," not "shall be prohibited."
No clear definition of "health" in the amendment.
Abortion providers can disregard laws protecting viable unborn children by citing "health" reasons.
Attending physician has sole authority to decide if a fetus can survive "with reasonable measures" on a case-by-case basis, with "reasonable measures" left undefined.
The amendment prevents the Legislature from protecting viable unborn children.
Legal authority to determine viability is transferred solely to the treating physician on a case-by-case basis.
The State, including local and municipal authorities, cannot interfere with any entity assisting individuals in exercising their right to reproductive decisions.
The amendment grants full legal protection to abortion providers for their decisions regarding viable child abortions.
Opinions From Legal Experts:
Alliance Defending Freedom Analysis of the Ohio Abortion Amendment
"Reproductive freedom" is undefined and intentionally vague.
Misleading use of "Protections for Health and Safety."
Amendment endangers women and girls by removing requirements that pregnant women seeking an abortion be screened and counseled by a licensed doctor who could transfer her to a hospital if something went wrong.
"Reproductive freedom" and related terms are undefined.
- Example: Unclear definition of "fertility treatment" and its potential costs.
Vague language could encompass various medical procedures.
- Raises concerns about procedures related to gender identity transition.
- Declaration of "reproductive freedom" as a "fundamental right" lacks clarity.
Goes beyond the Roe v. Wade standard.
- Raises concerns about infanticide due to undefined "voluntary exercise."
- Threatens the freedom of conscience for medical providers.
Healthcare professionals may be forced to act against their beliefs.
- Threatens the historically fundamental freedom of conscience.
- Could lead to medical professionals leaving their careers rather than having their consciences violated.
Ohio’s Disastrous Abortion Ballot Proposal
Constitutional scholars Carrie Campbell Severino and Frank J. Scaturro write in their analysis that the amendment language would “effectively obliterate most limits to abortion or sex-change surgery.”
Greenlights abortion all the way up to birth by giving abortionists the final say on what’s allowed.
Protect Women Cincinnati: Watch Ohio Attorney Dismantle Extreme Abortion Amendment Language
Dangerous amendment that is deceptive, hiding an extreme, unregulated abortion regime.
Direct attack on parents’ rights to protect their children.
Opens the door to puberty blockers and gender-affirming care without parental knowledge or consent.
Statements on Issue 1 from Megan M. Wold, Ohio Legal Expert, former Supreme Court clerk, and former Deputy Solicitor General in the Ohio Attorney General’s Office
Allows for Abortion on demand, even after viability.
Language not limited to adults.
No parental consent required for abortions or transgender hormones and surgeries.
Ohio Abortion Amendment Could Legalize Abortion Until Birth (Denise Burke, senior counsel with Alliance Defending Freedom)
Repeals commonsense protective laws.
Opens the door for sex offenders and traffickers to misuse the law to coerce their victims into having abortions – all without parental consent.
LISTEN: Mehek Cooke, Columbus-based attorney, shares the truth of what this amendment will do to parental rights and the dangers it will bring to the great state of Ohio (PODCAST Radio Interview with Bob Frantz).
Opinions from Medical Experts
Dr. Kathleen Lutter, Columbus OBGYN
Exposes the lies of the Abortion Amendment
Dr. Francis, Chief Executive Officer of the American Association of Pro-Life Obstetricians and Gynecologists
Dr. Francis states that we don’t need extreme, radical abortion measures that are harmful to mothers and babies.
Women deserve to receive life-affirming health care.
Exposes the lies that a woman won’t be able to receive life-saving care for ectopic pregnancies or miscarriages without induced abortions.
Dr. Michael Parker with a Medical Professional’s Opinion on Ohio Issue 1
OB/GYN providing care to women and babies in Ohio for more than 30 years.
Exposes the lies being perpetuated by the proponents of Issue 1.
Where can I find Issue 1 Resources (literature, yard signs, volunteer opportunities) to share with my friends, family, co-workers, neighbors, pastor, and church family?
*Indicates resources that are recommended to share with pastors and churches
Protect Women Ohio and Protect Women Dayton
Offer abundant shareable content, Issue 1 resources, a Video Library, and Volunteer Opportunities.
*Center for Christian Virtue
Download and Order FREE resources for Issue 1 & 2.
Yard Signs, Printed Materials, Digital Assets.
Videos to share in your church service or on social media.
Great video to share with Churches: Protect Life. Protect Kids. Vote No on Issues 1 & 2
*Archdiocese of Cincinnati Know the Facts about Issue 1
Four things you need to know about the current laws and proposed amendment BEFORE voting.
*Pastors, Churches & Politics: 5 Things to Know
Alliance Defending Freedom gives guidance on navigating tax-exempt status laws for churches in relation to political engagement.
Helps identify what pastors and churches should consider before addressing political issues, supporting candidates or legislation, voter education, using church facilities for political purposes, contributing to campaigns, and more.
*Interview with Pastor Mike Spencer and Laura Kern w/ Project Life Voice on Strong Tower Communications Radio (15 minutes)
*A Pastoral Response to Ohio’s Abortion Crisis (Video Resource).
Mike Spencer & Laura Kern of Together for Life Ohio present a pastoral response to the abortion lobby's current effort to codify abortion into the Ohio State Constitution.
Abortion survivor says: “No to Late-Term Abortion in Ohio.” (Video Resource).
Shareable video resource produced by Created Equal
Mark Harrington, President, Created Equal, states:
Late-term abortion is opposed by most Ohioans.
Issue 1 passage would make Ohio similar to California for late-term abortions.
Where Can I get ‘VOTE NO ISSUE 1’ Yard Signs?
Please click this link to find the nearest pickup location for Issue 1 signs.
Thank you to the Grassroots Freedom Initiative for putting this info together!
Don’t Michigan My Ohio
In the first statewide test following the overturning of Roe, Kansas voters rejected a constitutional amendment that would have stated there was no right to an abortion in the state. According to ABC News, “in November 2022, five other states — California, Kentucky, Michigan, Montana and Vermont — either enshrined abortion rights in their constitutions or rejected constitutional restrictions on the procedure.”
The passage of Michigan’s ballot Proposal 3, which is very similar to the language of Ohio’s Issue 1, amended the Michigan constitution to establish an “individual right to reproductive freedom, including right to make and carry out all decisions about pregnancy.”
Similar to Michigan's Prop 3, if Issue 1 passes in November, it would create a new rule in Ohio’s constitution. However, unlike Roe v. Wade, which allowed abortion until the baby reaches viability (around 23-24 weeks), Issue 1 would permit abortion after 24 weeks if a doctor decides that the woman's "health" might be at risk.
Furthermore, as a result of the deliberately vague wording in the amendment, the term "every individual" would encompass reproductive rights for minors, thereby eliminating parental notification and consent requirements for medical procedures like abortion, as well as gender-affirming care, including transgender surgeries and cross-sex drugs.
Michigan Pastors Issue a Warning
Michigan pastors recently sent a warning letter to Ohio pastors regarding the potential consequences of passing Issue 1 in November. They expressed deep concern, citing that after the passage of Proposition 3, they witnessed the rapid removal of all protections for unborn children and their mothers in Michigan. Furthermore, they pointed out that their newly amended state constitution allows abortion throughout all nine months of pregnancy and deems any legislative attempts to safeguard preborn children and pregnant women as unconstitutional. In conclusion, the pastors urge Ohio pastors to take immediate action in preparing their congregations to “fortify[…] their flock against the lies of the enemy” and to actively advocate for the sanctity of human life and reject the proposed pro-abortion constitutional amendment.
Michigan Governor Says Parental Consent Laws are Now Unconstitutional! Ohio is Next!
What Happens If the Radical Ohio Abortion Amendment Passes? Just Look at Michigan
Republicans and Democrats both agree that Issue 1 is Dangerous and Extreme
This isn’t a political issue. This is a moral issue. Republicans and Democrats oppose late term abortion. In fact, “80% said that about the third trimester,” AP News, 6/25/21.
“Issue 1 poses risks to Ohioans of all ages. It removes all protections for the unborn, allowing for late-term abortion when the unborn child is capable of feeling pain, and puts teenagers at risk — Democrats cannot support these radical measures … Even those who favor expanded abortion laws ought to vote ‘NO’ on Issue 1.”
-Barb Driehaus, Vice-President of Communications for Democrats for Life, Ohio Chapter
Democrats Oppose Late-Term Abortions Allowed Under Issue 1
Take Action NOW for Issue 1
1. Vote Early and Vote NO on Issue 1: Make your voice heard at the ballot box by voting early and firmly rejecting Issue 1. Click here for important election dates.
2. Share Issue 1 Resources: Spread awareness by sharing Issue 1 resources with your circle of influence. Inform your friends, family, and colleagues about the importance of voting NO on Issue 1.
3. Send Customized Text Messages: Reach out to all your phone contacts with a personalized message urging them to vote against Issue 1.
4.Volunteer for Door-Knocking: Get involved directly in the campaign by volunteering for door-knocking efforts. Engage with your community and help others understand the implications of Issue 1.
5. Share Issue 1 Literature with Your Church: Make an impact within your faith community. Distribute Issue 1 flyers by placing them on cars or handing them out before or after church services.
According to Pastor Mike Spencer of Together for Life Ohio, if we can mobilize just 5% of Ohio's 16,000 churches (that’s 800 churches) to boldly speak up against this ballot initiative, we can defeat Issue 1.
Sincerely,
Jess Franz, ORPSCC5
Jessfranz2022@gmail.com
Psalm 139:13-16